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CITIZENS UTILITIES v. COUNTY OF KAUAI

No. 14850.

814 P.2d 398 (1991)

CITIZENS UTILITIES COMPANY, KAUAI ELECTRIC DIVISION, Petitioner-Appellee, v. COUNTY OF KAUAI, Respondent-Appellant, and Richard G. Weiser, et al., Intervenors.

Supreme Court of Hawaii.

July 31, 1991.

Attorney(s) appearing for the Case

Peter M. Morimoto, Deputy County Atty., Lihue, for respondent-appellant.

Walton D.Y. Hong, Law Offices of Walton D.Y. Hong, Lihue (David K. Rair with him on the brief; Kiefer, Oshima, Chun, Fong & Chung, Honolulu, of counsel), for petitioner-appellee.

Before LUM, C.J., and PADGETT, HAYASHI, WAKATSUKI and MOON, JJ.

LUM, Chief Justice.

County of Kauai (County), respondent-appellant, appeals from the lower court's order granting summary judgment in favor of Citizens [sic] Utilities Company, Kauai Electric Division (Citizens Utilities), petitioner-appellee. The court ruled that the County of Kauai does not have the authority to regulate the height of utility poles. We affirm.

I.

In 1987, Citizens Utilities proposed to build an overhead 69 kilovolt transmission...

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